The Iowa Supreme Court on Friday gave a convicted sexual abuser a chance for a new trial, but only if he can show the victim lied about a past sexual encounter while skinny dipping.
If Michael John Alberts is successful, a new trial should be granted, the court said. If he fails, his third-degree sexual abuse conviction will stand.
Alberts was charged with sexually assaulting a woman on Oct. 19, 2003 at his family's lake house after a bachelorette party at a Cedar Rapids bar, court records show.
The victim went to bed after throwing up and awoke to find Alberts having sex with her, records show.
Alberts testified at trial that the sexual encounter was consensual and that victim only claimed to have been assaulted to save her relationship with her boyfriend.
During pretrial depositions, lawyers for Alberts took statements from witnesses about the victim's flirtatious nature, her past sexual comments and allegations that she was trapped by a man while skinny dipping.
The district court ruled that such testimony would be inadmissible under the rape-shield law.